1. Except as otherwise provided in subsection 4 and NRS 33.146, a law enforcement officer shall enforce a Canadian domestic-violence protection order and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face. An officer shall determine that an order is authentic on its face if the order contains:
(a) The names of the parties;
(b) Information indicating that the order has not expired; and
(c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.
An officer may determine that any other order is authentic on its face.
2. In enforcing a Canadian domestic-violence protection order or arresting a person for a violation of such an order, a law enforcement officer may rely upon:
(a) A copy of the order that has been provided to the officer;
(b) An order that is included in the Repository for Information Concerning Orders for Protection pursuant to NRS 33.095 or in any national crime information database;
(c) Oral or written confirmation from a law enforcement agency or court in which the order was issued that the order is valid and effective; or
(d) An examination of the totality of the circumstances concerning the existence of a valid and effective order, including, without limitation, the statement of a person protected by the order that the order remains in effect.
3. The fact that a Canadian domestic-violence protection order has not been registered or included in the Repository for Information Concerning Orders for Protection in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.
4. If a law enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the adverse party has not been notified of or served with the order, the officer shall notify the protected person that the officer will make reasonable efforts to contact the adverse party, consistent with the safety of the protected person. After notice to the protected person and consistent with the safety of the protected person, the law enforcement officer shall make a reasonable effort to inform the adverse party of the order, notify the adverse party of the terms of the order, provide a record of the order, if available, to the adverse party and allow the adverse party a reasonable opportunity to comply with the order before the officer enforces the order.
5. If a law enforcement officer determines that a person is a protected person, the officer shall inform him or her of available local victims’ services.
(Added to NRS by 2017, 620; A 2019, 2835)
Structure Nevada Revised Statutes
Chapter 33 - Injunctions; Protection Orders
NRS 33.010 - Cases in which injunction may be granted.
NRS 33.015 - Injunction to restrain unlawful act against witness or victim of crime.
NRS 33.018 - Acts which constitute domestic violence; exceptions.
NRS 33.019 - Masters: Appointment; qualifications; powers and duties.
NRS 33.030 - Contents of order; interlocutory appeal.
NRS 33.070 - Inclusion in order of requirement of arrest; verification of notice to adverse party.
NRS 33.100 - Penalty for intentional violation of order.
NRS 33.116 - "Adverse party" defined.
NRS 33.119 - "Canadian domestic-violence protection order" defined.
NRS 33.122 - "Domestic protection order" defined.
NRS 33.125 - "Issuing court" defined.
NRS 33.128 - "Law enforcement officer" defined.
NRS 33.131 - "Person" defined.
NRS 33.134 - "Protected person" defined.
NRS 33.137 - "Record" defined.
NRS 33.140 - "Tribunal" defined.
NRS 33.143 - Enforcement of Canadian domestic-violence protection order by law enforcement officer.
NRS 33.146 - Other enforcement of Canadian domestic-violence protection order.
NRS 33.155 - Uniformity of application and construction.
NRS 33.158 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 33.210 - "Employee" defined.
NRS 33.220 - "Employer" defined.
NRS 33.230 - "Order for protection against harassment in the workplace" defined.
NRS 33.240 - Acts that constitute harassment in workplace.
NRS 33.250 - Verified application for temporary order; contents of application.
NRS 33.260 - Notice of intent to seek order to be provided to known target of harassment.
NRS 33.290 - Order does not preclude other action.
NRS 33.330 - Immunity for certain persons who enforce or refuse to enforce order.
NRS 33.350 - Penalty for intentional violation of order.
NRS 33.360 - Limitations on effect of provisions.
NRS 33.420 - Duration of orders; dissolution or modification of temporary order.
NRS 33.510 - "Adverse party" defined.
NRS 33.520 - "Emergency order" defined.
NRS 33.530 - "Extended order" defined.
NRS 33.540 - "Family or household member" defined.
NRS 33.550 - Acts that constitute high-risk behavior.
NRS 33.590 - Contents of emergency or extended order.
NRS 33.600 - Requirements for surrender of firearm in possession of adverse party.
NRS 33.610 - Duty of court to assist parties.
NRS 33.630 - Arrest of person who violates order; verification of notice to adverse party.